Cargo Systems Messaging Service

CSMS # 70435180 - Updated Guidance #5: Implementation of Jones Act Waiver issued to the Department of War, dated March 17, 2026

U.S. Customs and Border Protection (CBP) is providing updated guidance to CSMS #68096516, CSMS #68180454, CSMS #68370692, CSMS #68448732; and CSMS #69519766. This guidance serves as notice that the Department of Homeland Security (DHS) has approved a third extension of the waiver, dated March 17, 2026, at the request of the Department of War (DOW). The waiver will be extended for an additional 90-day period commencing on November 16, 2026, at 12:00 a.m. Eastern Time. CBP has determined that to be compliant with the extended waiver, any covered product must be loaded onboard the relevant vessel before the deadline expires at 11:59 pm Eastern Time on Sunday, February 14, 2027. With notice of this extension, CBP is also providing the list of potentially covered products (attached) as of November 16, 2026.

The process for this waiver continues as follows.

Prior to initiating a voyage, any member of the trade community who considers conducting a transportation on a foreign-flag vessel authorized under the parameters of the November 16, 2026, waiver, must first send a written request, with the subject line “VESSEL AVAILABILITY REQUEST,” to DOW (osd.mc-alex.ousd-a-s.mesg.jones-act-waivers@mail.mil) , MARAD (marad.milcargo@dot.gov), and, for situational awareness only, CBP (jonesact@cbp.dhs.gov) with the following information:

• the name (including IMO Number) and flag of the vessel;
• the name of the owner and operator of the vessel (and country);
• name of the carrier;
• the dates of the voyage;
• any relevant ports of call and applicable dates:
  • place of lading
  • port of lading
  • date of lading
  • place of unlading
  • port of unlading
  • date of unlading;
• a description of the cargo carried (including commodity and relevant HTS Code and Hazmat Code, if applicable, and quantity of the units to be shipped per shipment);
• frequency of the shipment;
• an explanation as to why the voyage is in the interest of national defense; and
• any other information the Maritime Administrator determines necessary, including but not limited to: special shipping or stowage requirements; date of the charterparty, lay days in the charterparty, and load date in the charterparty.

MARAD will then conduct a coastwise-qualified vessel market survey, to determine the availability of coastwise-qualified vessels to conduct the proposed transportation. Unless otherwise specified by MARAD, coastwise-qualified vessels must respond to MARAD’s market survey within 24 hours advising of their availability to pick up any cargo covered by the waiver within the timeframe specified by MARAD.

MARAD will then provide the results of the survey to DOW who will then determine whether the waiver applies to the individual proposed voyage and inform the requesting trade community member, MARAD, and CBP whether a foreign-flag vessel is authorized to conduct the transportation or whether a coastwise-qualified vessel is available and will conduct the transportation.

The trade community member who initiated the request will contact the appropriate carrier(s) to arrange transportation.

Carriers operating foreign-flag vessels that are authorized to transport merchandise coastwise utilizing the waiver will follow instructions for reporting to CBP, that is, any member of the trade community who intends to conduct transportation of commodities listed in the attachment on a foreign-flag vessel, authorized by and within the parameters of the March 17, 2026, waiver, must notify CBP at jonesact@cbp.dhs.gov with the following information of any such transportation:

• Vessel name (including IMO number and flag)
• Commodity and relevant Harmonized Tariff Schedule (HTS) Code
• Carrier
• Ports and dates of departure and arrival (include CBP port code)
• Pdf copy of the CBP Form 1302

In accordance with the requirements of 46 U.S.C. 501(c), no later than 10 days after the date of conclusion of the voyage of a foreign-flag vessel that is operated under this waiver, the owner or operator of the vessel and the individual requesting such waiver (if not the owner or operator of the vessel) shall submit to the Maritime Administrator (marad.milcargo@dot.gov) a report including the following:

• The name and flag of the vessel;
• The name of the owner and operator of the vessel;
• The dates of the voyage;
• Any relevant ports of call;
• A description of the cargo carried;
• An explanation as to why the waiver was in the interest of national defense; and
• Any other information the Maritime Administrator determines necessary.

All questions regarding the Jones Act Waiver issued on March 17, 2026, should be emailed to jonesact@cbp.dhs.gov

mailto:jonesact@cbp.dhs.gov mailto:jonesact@cbp.dhs.gov mailto:jonesact@cbp.dhs.gov mailto:marad.milcargo@dot.gov mailto:jonesact@cbp.dhs.gov mailto:jonesact@cbp.dhs.gov